Legal Hunting???

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Legal Hunting???

Postby HighBaller » Sat Nov 25, 2006 6:07 pm

Hey guys, I just need a little advice if anyone knows the answer it would be great.

I went out hunting this evening in a tidal creek with a buddy of mine where we have gone plenty of times before. The area we set up tonight just happens to be between 2 municipal parks. Shot a few geese and someone called the cops and they were waiting for us at the car.

First thing they said to us was that we cant hunt geese because its not geese season and we needed a "special" stamp. We told them is was in season and showed our hunting lisences with stamps.

We ended up a getting discharging of weapons in a park violation and I'm assuming this will carry a heavy fine and go on my record.

My questions are:
1.) Were we legal if we were shooting from a boat in a tidal creek even though it ran between two municipal properties?

2.) Do the boundries of the park carry the same weight as a building or road with regard to legal shooting distances?

Thanks guys for any help.
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Postby sjtealhunter » Sat Nov 25, 2006 9:22 pm

if the township or city that you were hunting in has a no firearms discharge law within the city limits then you were in the wrong. I know that the city that i work for in Bridgeton has such a law and even has some state WMA land inside city limits but you can not hunt on the land because of the local ordinance. I believe that if it is a tidal creek then you can hunt up to the high water mark in the boat but if you got out of your boat and waded in that same water then you would be in violation because you would be standing on the ground. as far as hunting in between two parks i think that it is just a safety and ethics question then. I have a few friends who are CO's and i will try to find out a more definate answer for you.
i don't eat vegetables -- vegetables are what food eats.
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Postby HighBaller » Sat Nov 25, 2006 9:51 pm

Hey, I really appreciate your help. I was in my canoe the entire time so thats why I though I was legal. Its only a certain stretch of water that is between the two parks and even though I wasnt right inbetween the two the gun shots are loud enough for the cops to claim that we were. Any help you could get from your friends would be greatly appreciated. I'm a young hunter and have seen other waterfowl hunters in this area before so this is why it is bothering me so much that I was the one cited for it.
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Postby stevez » Sun Nov 26, 2006 3:11 pm

The only important thing here is whether or not that was a legal area. Most municipalities have ordinances against the discharging of weapons for an unlawful purpose. Hunting ofcourse is a lawful purpose.
The cops were obviously ignorant of hunting laws in general so your ticket might just be incorrect. You should first determine if the area you were hunting was within a park boundary. Then, if it was not, you should dtermine if you were 450 feet from a occupied building or school playground.
If you are clear on both of these points, you might consider calling your local fish&game enforcement office and ask to speak to a game warden so he might weigh in on the issue.
You do have riparian rights but some towns simply ban all hunting within their boundaries.
Lastly, speaking to the prosecuter in the case with all your findings before the actual case is called may just get everything dropped.
I love to hunt geese myself but avoid any areas that might disturb persons with a propensity to call cops. There are so many places to hunt these critters without aggravating yourself.
May I ask where you were hunting?
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Postby Modified_Choking » Tue Nov 28, 2006 11:32 pm

HighBaller - If you need some help establishing property boundaries I would be glad to help you out. By profession I do GIS mapping. I could not produce you anything that would be admissable in a court of law but a tax map overlay on aerial photography may help you get an idea of your situation. Nonetheless, as others have posted...the municipality may have firearm discharge ordinances. In which case mapping wouldn't do you any good anyway.

PM me and we'll exchange information on where you were located and I'll see what I can do.
I'm talkin bout the Lifestyle of the not so rich and famous.
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